Disability

20 Jan Migraines As a Disability in the Workplace

Migraines are a common disability. From my experience, it has to be more than just your typical headache; people who suffer from migraines know the difference. Migraines can be quite disabling, and people often have severe pain, nausea, and sensitivity to light. All of those symptoms can make it difficult for a person to perform a major life activity such as working. There is not an exhaustive list of mental disabilities. These are taken on a case-by-case basis, and the question is whether it limits a major life activity. If you’re not sure whether your condition qualifies as a disability, please contact an employment lawyer at the Khadder Law Firm as soon as possible to speak with an experienced disability law attorney....

Read More

18 Jan Generalized Anxiety Disorder and Other Anxiety As a Disability

Another kind of condition that I see with clients is anxiety, or Generalized Anxiety Disorder. It is exactly what it sounds like: someone suffers from anxiety that’s above and beyond the typical anxiety of everyday life. It can be quite crippling when someone is suffering or having an anxiety or panic attack, and that can qualify as a disability, again, if it limits a major life activity. If your anxiety qualifies as a disability, and you are discriminated against by your employer or your employer fails to accommodate your disability, you may have legal rights. Contact an employment lawyer today at the Khadder Law Firm for a free initial consultation....

Read More

12 Jan What is a “Major Life Activity” as Defined by the Fair Employment and Housing Act?

A major life activity is really determined on a case-by-case basis, but a key major life activity is the ability to perform the essential functions of your job; in other words, to be able to work. So, if your physical or mental impairment limits your ability to perform your job, then it would qualify under the state law or the FEHA, as a state disability. If the major life activity is substantially limited, then it would qualify as disability under the ADA. Other forms of major life activities could include being able to drive, or being able to read, or see. It’s important to note that for your disability to be protected in the employment process, you should be able to perform the essential functions of your job position, with or without a reasonable accommodation. If you can perform the essential functions of your job with an accommodation, then you are protected under the disability discrimination laws. (This is carefully determined on a case-by-case basis during facts obtained during inquiry). For instance, if you’re hired as a typist, basically your job is to type all day, then an essential function of your job would be your ability to type. If you don’t have fingers or you have problems with your hands, that could make it difficult or impossible to type. The key is that an employer can’t discriminate against you if you’re able to perform the essential functions of your job with an accommodation. In the case of a typist, one accommodation might be to have software that allows you to dictate rather than type. The dictation software would take the place of typing. Or, if you’re seeing impaired, but you can see the keys if they have some form of braille on them, that would be an accommodation that assists you in performing the essential functions of your job. In sum, the “essential functions” component of a discrimination case looks at your ability to perform the essential job functions with or without an accommodation based on the nature of the disability and how it impairs your ability to perform the essential functions. Because a disability is defined by the way it affects your ability to perform a major life activity, the difference between ADA and FEHA in terms of “substantially limits,” versus just “limits” a major life activity is very. If you have a disability that limits a major life activity, such as performing the essential functions of your job, and you have experienced disability discrimination by your employer, contact an employment lawyer today at the Khadder Law Firm for a free initial consultation.  ...

Read More

12 Jan Differences between the FEHA and ADA

One difference between the FEHA (the Fair Employment and Housing Act) and the ADA (Americans with Disabilities Act) is that the ADA applies to all employers in the private sector that have four to fifteen employees, whereas the FEHA affects more employees, and it doesn’t distinguish between private and public employers like the ADA does. The Rehabilitation Act, which is a component of the ADA, protects against discrimination for both the Federal agencies and recipients of Federal financial assistance. It impacts the state public agencies as well. One key difference is that the ADA applies to employers with fifteen or more employees, and FEHA applies to companies with five or more employees. The rehabilitation act requires affirmative action to be used in employing people with disabilities, whereas the FEHA does not require affirmative action, and the ADA also does not require affirmative action. Probably one of the most important differences between the ADA and FEHA is that with FEHA, a disability is required. Under the ADA, to qualify for disability, a physical or mental impairment substantially limits a major life activity, but the FEHA requires only that a mental and physical disability limit a major life activity; not a substantial limit, but a limit. Another key difference in the ADA and the FEHA is in the amount of recoverable damages. The ADA limits the amount of compensatory and punitive damages that can be awarded for a disability discrimination claim. The FEHA, however, does not have any damages caps in civil actions. That’s an important difference. Generally, the biggest difference between the ADA and FEHA is that the ADA, under California law, constitutes the floor of protection. It is the minimum amount of protection that every state is required to follow. The thing about California, however, is that its disability discrimination laws are broader and more favorable to disabled employees than the ADA is. If you have a potential claim under the California Fair Employment and Housing Act or the Americans with Disabilities Act, contact an employment lawyer today at the Khadder Law Firm for a free initial consultation....

Read More

10 Jan Understanding California’s Disability Discrimination Laws Under the Fair Employment and Housing Act, and the Americans with Disabilities Act

There are some important differences between California’s Disability Discrimination laws under the Fair Employment and Housing Act and the Federal Americans with Disabilities Act. There are both the ADA and the Federal Rehabilitation Act under Federal Law. The Rehabilitation Act is very similar to ADA, but it only applies to Federal agencies, Federal Contractors and recipients of Federal financial assistance. In terms of the protections it offers, it’s not unlike the ADA in many ways. If you have a potential claim under the California Fair Employment and Housing Act or the Americans with Disabilities Act, contact an employment lawyer today at the Khadder Law Firm for a free initial consultation....

Read More